(1) Whenever the finding states that the accused person committed the act
alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such
act would, but for the incapacity found, have constituted an offence,\u2014
(a) order such person to be detained in safe custody in such place and manner
as the Magistrate or Court thinks fit; or
(b) order such person to be delivered to any relative or friend of such person.
(2) No order for the detention of the accused in a public mental health establishment
shall be made under clause (a) of sub-section (1) otherwise than in accordance with such
rules as the State Government may have made under the Mental Healthcare Act, 2017.
(3) No order for the delivery of the accused to a relative or friend shall be made under
clause (b) of sub-section (1) except upon the application of such relative or friend and on
his giving security to the satisfaction of the Magistrate or Court that the person delivered
shall\u2014
(a) be properly taken care of and prevented from doing injury to himself or to
any other person;
(b) be produced for the inspection of such officer, and at such times and places,
as the State Government may direct.
(4) The Magistrate or Court shall report to the State Government the action taken
under sub-section (1).<\/p>\n","protected":false},"excerpt":{"rendered":"
(1) Whenever the finding states that the accused person committed the actalleged, the Magistrate or Court before whom or which the trial has been held, shall, if suchact would, but for the incapacity found, have constituted an offence,\u2014(a) order such person to be detained in safe custody in such place and manneras the Magistrate or […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[32],"tags":[125,124,134,132,130,136,137,126,127,123,129,128,133,111,135,112,121,122,113,114,131],"class_list":["post-1966","post","type-post","status-publish","format-standard","category-bharatiya-nagarik-suraksha-sanhita-bnss","tag-bharatiya-nagarik-suraksha-sanhita-2023","tag-bhartiya-nagrik-suraksha-sanhita","tag-bnss-2024-india","tag-bnss-all-sections","tag-bnss-bare-act","tag-bnss-chapter-wise-sections","tag-bnss-fir-section","tag-bnss-full-form","tag-bnss-pdf-download","tag-bnss-sections-in-hindi","tag-bnss-sections-list","tag-bnss-vs-crpc","tag-crpc-replaced-by-bnss","tag-expert-vakil","tag-expert-vakil-bnss","tag-expertvakil","tag-indian-kanoon","tag-indiankanoon","tag-ishan-tathagat","tag-ishantathagat","tag-new-criminal-law-india"],"yoast_head":"\n